據(jù)美國(guó)合眾國(guó)際社12月17日?qǐng)?bào)道，美國(guó)史上年齡最小的死刑犯在施刑70年后被宣布無(wú)罪。這則消息在國(guó)內(nèi)幾乎毫無(wú)反應(yīng)，好象根本不存在。這兩個(gè)冤案幾乎同時(shí)捅上了媒體，為什么文人“公知”對(duì)一個(gè)對(duì)熱火朝天而對(duì)另一個(gè)視而不見？

　　十八年的冤獄與七十年的冤獄;十八歲的冤魂與十四歲的冤魂

　　黎陽(yáng)

　　2014.12.19.

　　據(jù)美國(guó)合眾國(guó)際社12月17日?qǐng)?bào)道，美國(guó)史上年齡最小的死刑犯在施刑70年后被宣布無(wú)罪。(見附錄)

　　這則消息在國(guó)內(nèi)幾乎毫無(wú)反應(yīng)，好象根本不存在。

　　跟國(guó)內(nèi)正大肆炒作的呼格吉勒?qǐng)D冤案一對(duì)比，美國(guó)的這個(gè)冤案是典型的有過(guò)之而無(wú)不及：都是冤案，都是少數(shù)民族;一個(gè)是十八年的冤案，一個(gè)是七十年的冤案;一個(gè)是十八歲的冤魂，一個(gè)是十四歲的冤魂(創(chuàng)造了美國(guó)歷史紀(jì)錄);一個(gè)是61天后處決，一個(gè)是81天后處決;一個(gè)是“中國(guó)司法體制”下的冤案，一個(gè)是“美國(guó)司法體制”下的冤案——陪審團(tuán)一致裁決有罪……

　　這兩個(gè)冤案幾乎同時(shí)捅上了媒體，為什么文人“公知”對(duì)一個(gè)對(duì)熱火朝天而對(duì)另一個(gè)視而不見?如果當(dāng)真平反冤案，那至少得一視同仁，同樣重視，為什么避重就輕只說(shuō)中國(guó)的?

　　國(guó)內(nèi)文人“公知”“法律黨”們不是非常痛恨冤案嗎?不是正在借呼格吉勒?qǐng)D冤案大喊大叫“反思冤案”、“司法獨(dú)立”、“律師把關(guān)”、“法律人必須擁有至高無(wú)上的權(quán)力”、“嚴(yán)究錯(cuò)案責(zé)任”、“司法改革”、“目前制度，律師如何辯，幾乎不影響結(jié)局”、接二連三“頂層設(shè)計(jì)”“去冤策”嗎?如果他們的“法律至上”、義憤填膺、錘胸頓足、悲天憫人等等都是真的，那豈能對(duì)如此轟動(dòng)的冤案無(wú)動(dòng)于衷?

　　說(shuō)白了還是“醉翁之意不在酒”，國(guó)內(nèi)文人“公知”“法律黨”們炒作呼格吉勒?qǐng)D冤案不是為了當(dāng)真防止冤案，而是為了借機(jī)奪權(quán)，借一個(gè)冤案全盤否定一切，制造出“中國(guó)所有審判都是冤案”的假象，這樣才能得出必須全盤推翻，必須確立“法律人至高無(wú)上的權(quán)力”的結(jié)論。而美國(guó)這個(gè)例子卻證明“法律人至高無(wú)上的權(quán)力”的體制照樣出冤案，而且比中國(guó)文人“公知”“法律人”大肆炒作的冤案更冤——這讓中國(guó)的文人“公知”“法律黨”們情何以堪?當(dāng)然只好裝聾作啞，視而不見。

　　2014年中不乏對(duì)比強(qiáng)烈充滿諷刺的事——這邊正罵香港警察對(duì)“占中”港鬧發(fā)射幾十顆催淚彈是“野蠻執(zhí)法”，那邊馬上來(lái)了個(gè)鮮明對(duì)比——看美國(guó)警察是如何對(duì)付抗議警察打死人的游行示威的;這邊正拿呼格吉勒?qǐng)D十八年十八歲的冤案大做文章，那邊馬上來(lái)了個(gè)更邪乎的：七十年十四歲的冤案……文人“公知”炒作什么，就出現(xiàn)什么專打你嘴巴的事實(shí)：難道老天專門跟文人“公知”過(guò)不去?真的到了“天怒人怨”的地步?

　　*********************

　　附錄：美國(guó)年齡最小死刑犯70年后獲平反

　　http://site.6park.com/bolun/index.php?app=forum&act=threadview&tid=14222045

　　送交者:博論絞肉機(jī)[♀☆魔王來(lái)了☆♀]于2014-12-18

　　據(jù)美國(guó)合眾國(guó)際社12月17日?qǐng)?bào)道，美國(guó)史上年齡最小的死刑犯在施刑70年后被宣布無(wú)罪。黑人男孩小喬治•史丁尼(GeorgeStinneyJr.)70年前在南卡羅來(lái)納州被以謀殺兩名小女孩的罪名被處死，坐上電椅時(shí)他年僅14歲。

　　巡回法院法官卡門•馬倫(CarmenMullen)發(fā)現(xiàn)該案件“系統(tǒng)性地違背了正當(dāng)法律程序”，70年前，該案件的審理過(guò)程僅僅持續(xù)一天，并且陪審團(tuán)全都是白人。在今年1月的一次聽證會(huì)上，該法官稱，她不能確定小喬治•史丁尼是否有罪，只能判斷他經(jīng)歷的法律程序是否公平，“該案件對(duì)正當(dāng)法律程序的褻瀆嚴(yán)重影響了判決結(jié)果”。

　　小喬治•史丁尼是美國(guó)年齡最小的死刑犯。由于個(gè)子不高，電椅必須墊上書本才能把他綁住。并且，在謀殺案發(fā)生后的81天內(nèi)他就被匆匆送上了電椅。

　　給小喬治•史丁尼定罪的唯一一份證據(jù)是警方提供的供詞，這份供詞是小喬治被連續(xù)審問(wèn)數(shù)小時(shí)，并且他的父母和律師都不在場(chǎng)的情況下作出的。這份用于定罪的供詞也沒(méi)有呈庭的書面記錄，并且小喬治否認(rèn)了這份供詞。庭審的時(shí)候小喬治的父母也不在場(chǎng)，因?yàn)橛腥送{要?jiǎng)佑盟叫烫幩浪麄儭?/p>

　　被害的兩個(gè)女孩在事發(fā)前曾詢問(wèn)小喬治和他的姐姐哪里可以找到西番蓮花。她們的尸體后來(lái)在水溝中被發(fā)現(xiàn)。

　　***********************

　　華盛頓郵報(bào)報(bào)道：

　　Judge throws out teen’s murder conviction 70 years after his execution

　　http://www.washingtonpost.com/news/post-nation/wp/2014/12/17/judge-throws-out-teens-murder-conviction-70-years-after-his-execution/

　　By Sarah Larimer December 17 at 6:39 PM

　　George Stinney Jr. appears in an undated police booking photo. (Courtesy of the South Carolina Department of Archives and History via Reuters)

　　When George Stinney Jr. was executed for the killings of two white girls in 1944, he was so small that the straps of South Carolina’s electric chair didn’t fit him properly, and he had to sit on a book for his electrocution.

　　Stinney was just 14 years old at the time and became the youngest person put to death in the United States in the 20th century. But Wednesday, 70 years after the fact, Circuit Judge Carmen Mullen tossed out his conviction, which was reached after a trial that didn’t even last a full day and was never appealed. As the Associated Press noted, it took Mullen “nearly four times as long to issue her ruling as it took in 1944 to go from arrest to execution.”

　　“I can think of no greater injustice,” Mullen wrote in her 29-page order, the AP reported.

　　Stinney, who was black, was arrested for the beating deaths of two young girls in the segregated town of Alcolu. There wasn’t any physical evidence linking him the crimes, and he wasn’t allowed to see his parents after he was apprehended.

　　“Given the particularized circumstances of Stinney’s case, I find by a preponderance of the evidence standard, that a violation of the Defendant’s procedural due process rights tainted his prosecution,” Mullen wrote in her decision, according to CNN.

　　From the AP:

　　Stinney’s case has long been whispered in civil rights circles in South Carolina as an example of how a black person could be railroaded by a justice system during the Jim Crow era where the investigators, prosecutors and juries were all white.

　　The case received renewed attention because of a crusade by textile inspector and school board member George Frierson. Armed with a binder full of newspaper articles and other evidence, he and a law firm believed the teen represented everything that was wrong with South Carolina during the era of segregation.

　　“It was obviously a long shot but one we thought was worth taking,” said attorney Matt Burgess, whose firm argued that Stinney should get a new trial.

　　Earlier this year, Stinney’s sister told the Guardian: “I never went back [to Alcolu]. I curse that place. It was the destruction of my family and the killing of my brother.”

　　***************************

　　CNN報(bào)道：

　　Judge tosses conviction of George Stinney, executed at 14

　　http://www.cnn.com/2014/12/17/us/george-stinney-ruling/

　　By Dana Ford and and Eliott C. McLaughlin, CNN

　　updated 7:57 AM EST, Thu December 18, 2014

　　(CNN) -- A judge has vacated the conviction of a 14-year-old boy who was executed for allegedly killing two girls some 70 years ago in South Carolina.

　　The judgment against George Stinney, the youngest person to be executed by an American state since the 1800s, effectively exonerates the boy, said family attorney Matt Burgess.

　　A black teen in the Jim Crow South, Stinney was accused of murdering two white girls, ages 7 and 11, as they hunted for wildflowers in Alcolu, about 50 miles southeast of Columbia.

　　Stinney, according to police, confessed to the crime.

　　No witness or evidence that might vindicate him was presented during a trial that was over in fewer than three hours. An all-white jury convicted him in a flash, 10 minutes.

　　"Given the particularized circumstances of Stinney's case, I find by a preponderance of the evidence standard, that a violation of the Defendant's procedural due process rights tainted his prosecution," wrote Circuit Judge Carmen Tevis Mullen in her decision, dated Tuesday.

　　She said that sentencing a 14-year-old to the death penalty constitutes cruel and unusual punishment.

　　Earlier this year, attorneys for Stinney's family had asked for a new trial, saying the boy's confession was coerced and that Stinney had an alibi, his sister, Amie Ruffner, who claims she was with Stinney when the murders occurred.

　　Ruffner, Stinney's sister, told CNN affiliate WLTX that she and Stinney saw Betty June Binnicker, 11, and Mary Emma Thames, 7, the day they died. Stinney and Ruffner were tending to their family's near some railroad tracks close to their home.

　　"They said, 'Could you tell us where we could find some maypops?' " Ruffner recalled. "We said, 'No,' and they went on about their business."

　　The girls were found the next day in a water-logged ditch with injuries to their head. Mary had a 2-inch laceration above her right eyebrow and a vertical laceration over her left, according to a 1944 medical examiners' report.

　　Ruffner told WLTX, police took Stinney and another of her brothers away in handcuffs while their parents were not at home. One brother was released, she said, while Stinney faced police questioning without his parents or a lawyer.

　　The police "were looking for someone to blame it on, so they used my brother as a scapegoat," Ruffner said.

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